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| 3 | 5 | | |
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| 4 | 6 | | A BILL TO BE ENTITLED |
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| 5 | 7 | | AN ACT |
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| 6 | 8 | | relating to recitation of the Pledge of Allegiance to the flag of |
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| 7 | 9 | | the United States of America in public schools and in |
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| 8 | 10 | | open-enrollment charter schools; providing exemptions. |
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| 9 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 12 | | SECTION 1. Amend Education Code Section 25.082 to read as |
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| 11 | 13 | | follows: |
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| 12 | 14 | | Sec. 25.082. PLEDGES OF ALLEGIANCE; MINUTE OF SILENCE. (a) |
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| 13 | 15 | | Repealed by Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 9, |
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| 14 | 16 | | eff. June 15, 2017. |
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| 15 | 17 | | (b) The board of trustees of each school district and the |
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| 16 | 18 | | governing board of each open-enrollment charter school shall |
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| 17 | 19 | | require able-bodied students, once during each school day at each |
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| 18 | 20 | | campus, to rise and recite, or silently and respectfully observe |
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| 19 | 21 | | the recitation of: |
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| 20 | 22 | | (1) the pledge of allegiance to the United States flag |
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| 21 | 23 | | in accordance with 4 U.S.C. Section 4; and |
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| 22 | 24 | | (2) the pledge of allegiance to the state flag in |
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| 23 | 25 | | accordance with Subchapter C, Chapter 3100, Government Code. |
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| 24 | 26 | | (b-1) The board of trustees of each school district and the |
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| 25 | 27 | | governing board of each open-enrollment charter school shall |
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| 26 | 28 | | require that the United States and Texas flags be prominently |
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| 27 | 29 | | displayed in accordance with 4 U.S.C. Sections 5-10 and Chapter |
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| 28 | 30 | | 3100, Government Code, in each campus classroom to which a student |
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| 29 | 31 | | is assigned at the time the pledges of allegiance to those flags are |
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| 30 | 32 | | recited. A district or school is not required to spend federal, |
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| 31 | 33 | | state, or local district or school funds to acquire flags required |
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| 32 | 34 | | under this subsection. A district or school may raise money or |
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| 33 | 35 | | accept gifts, grants, and donations to acquire flags required under |
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| 34 | 36 | | this subsection. |
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| 35 | 37 | | (c) On written request from a student's parent or guardian, |
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| 36 | 38 | | a school district or open-enrollment charter school shall excuse |
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| 37 | 39 | | the student from reciting a pledge of allegiance under Subsection |
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| 38 | 40 | | (b). Provision shall be made for excused and non-participating |
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| 39 | 41 | | students to quietly and respectfully wait outside the room while |
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| 40 | 42 | | such activities are being conducted. |
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| 41 | 43 | | (d) The board of trustees of each school district and the |
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| 42 | 44 | | governing board of each open-enrollment charter school shall |
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| 43 | 45 | | provide for the observance of one minute of silence at each campus |
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| 44 | 46 | | following the recitation of the pledges of allegiance to the United |
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| 45 | 47 | | States and Texas flags under Subsection (b). During the one-minute |
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| 46 | 48 | | period, each student may, as the student chooses, reflect, pray, |
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| 47 | 49 | | meditate, or engage in any other silent activity that is not likely |
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| 48 | 50 | | to interfere with or distract another student. Each teacher or |
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| 49 | 51 | | other school employee in charge of students during that period |
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| 50 | 52 | | shall ensure that each of those students remains silent and does not |
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| 51 | 53 | | act in a manner that is likely to interfere with or distract another |
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| 52 | 54 | | student. |
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| 53 | 55 | | SECTION 2. This Act takes effect January 1, 2026. |
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